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HomeMy Public PortalAbout2007_09_25 COUNCIL MEETING September 25, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Martinez arriving at 8:01 p.m. Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathleen Leidich, Town Attorney Barbara Beach, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Zoning Administrator Brian Boucher, Director of Capital Projects Management Nagi Elsewaissi, and Clerk of Council Judy Ahalt. AGENDA ITEMS Council Member Wright made a motion to suspend the rules to allow an appointment to be made to the Utility Rate Advisory Commission. The motion was seconded by Council Member Hammier and approved by a vote of 6-0-1 (Martinez absent). Council Member Wright made a motion to appoint Mark Newton to the Utility Rate Advisory Commission. The motion was seconded by Council Member Reid and approved by a vote of 6-0-1 (Martinez absent). A. Invocation by Council Member Burk B. Salute to the Flag was led by Council Member Hammier C. Roll Call showing Council Member Martinez absent. D. Minutes a. Regular Session Minutes of April 10, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the minutes of the April 10, 2007 Town Council meeting were approved by a 6-0-1 vote (Martinez absent) b. Regular Session Minutes of May 22, 2007 On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the minutes of the May 22, 2007 Town Council meeting were approved by a 6-0-1 vote (Martinez absent). E. Presentations a. Citizens Support Team Annual Report Mr. Steve Hood thanked the Council for the opportunity to present the Citizen's Support Team Annual Report. He summarized the history and mission of the Support Team and highlighted items from the Annual Report. He stated that they have been recognized at the Federal, State and local level. Town Council Meetinq of September 25. 2007 Page 2 Council thanked Mr. Hood and all the members of the Support Team for their volunteerism. b. Proclamation - Recognition of Terry Young as Chairman of the Parks and Recreation Commission Council Member Burk made a motion to recognize Terry Young's service as Chairman of the Parks and Recreation Commission, seconded by Council Member Wright and approved by a 6-0-1 vote (Martinez absent). F. Petitioners - The petitioner's section opened at 7:54 p.m. Melanie Couzzo, 120 Woodberry Road, stated the storm drainage improvement project in the CIP is slated for Spring 2010. She asked that the storm drainage project including sidewalks be pushed up due to safety concerns. She stated that the traffic is heavy and visibility is poor. She added there are no speed limit signs and poor street lighting. Mrs. Couzzo stated there are numerous elderly residents on that road and children have to walk down Woodberry to board the school bus. Further, she noted that it is not high on the priority list for snow plowing and asked that if the project cannot be moved up on the CIP, that speed limit signs be installed in the interim. Council Member Reid suggested that Ms. Couzzo address the Standing Residential Traffic Committee on this subject. Sandy Kane, 815 Kenneth Place, stated she was very pleased with the resolution regarding the Performing Arts Center. The Petitioner's section closed at 8:02 p.m. G. Public Hearing a. To consider an ordinance to amend and reordain Article VI (Stopping, Standing, and Parking) of Chapter 10 (Motor Vehicles and Traffic) of the Code of the Town of Leesburg, Virginia, 1976, as amended. The public hearing opened at 8:02 p.m. Barbara Beach stated the proposed ordinance covers nine sections of the ordinance that were updated to reflect changes in the Virginia Code. She reviewed the changes and the reasons for each. Council Member Burk questioned the deletion of all references to parking on private property. Ms. Beach stated that keeps the police force from having to respond to calls about parking in apartment complex parking lots. She stated that it does not change what is legal; however, changes who files the charges, noting that the private property owner can file the charges with the court. Council Member Wright stated the deletion of enforcement of handicapped parking on private property is a concern. He questioned Town Council Meeting of September 25, 2007 Page 3 whether putting a restriction on the number of hours that a vehicle can be parked in the Town garage is necessary. Ms. Beach noted the handicapped parking prohibition and fine is still enforceable no matter where the violation occurred, either on public or private property. Mr. Wells recommended Section 10-186 not be voted on at this time to allow Chief Price time to look into Council Member Wright's concerns. Council Member Wright recommended waiting to vote on the entire slate of parking regulation changes. Council Member Reid concurred citing another section about which he had questions. He also questioned whether they can lower the allowable weight of commercial vehicles parked on residential streets and requested that Ms. Beach look into the possibility of changing the weight restriction. Mayor Umstattd questioned whether Council Member Wright would like to have further meetings with stakeholders. Sandy Kane, Kenneth Place, noted the towing companies could not enter the garage due to size constraints. She recommended Council investigate this further prior to adding language regarding towing into the ordinance. Mr. Wells stated that some companies have smaller trucks and can enter the garage to tow vehicles. Mayor Umstattd noted that the issue could be revisited at the first meeting in October. The public hearing was closed at 8:28 p.m. H. Legislation ORDINANCES On a motion by Council Member Burk, seconded by Vice Mayor Horne, the following legislation was proposed: 2007-0-18 ORDINANCE Zoning Ordinance Text Amendments TLOA-2007-0003 to implement certain objectives of the 2005 Town Plan and to update various sections. There was discussion regarding vehicle weights and landscape contractor definitions. Mr. Boucher noted they could not drop the vehicle weight limit since some of the larger SUVs are quite heavy and dropping the restricted vehicle weight would make residents unable to park large SUVs in their neighborhoods. He also confirmed the definition of landscape contractor has been modified to allow one person operations to remain as home based businesses. Town Council Meeting of September 25. 2007 Page 4 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following consent agenda was approved by a 6-0-1 (Martinez absent) vote: 2007-129 RESOLUTION Authorizing an agreement, approving a performance guarantee and water and sewer extension permits for the Exeter Neighborhood Shopping Center. 2007-130 RESOLUTION Accepting the public improvements, releasing the performance guarantees, and approving maintenance guarantees for Stowers, Phase 1, Section 2. 2007-131 RESOLUTION Authorizing an agreement, approving a performance guarantee and water and sewer extension permits for Oaklawn Townhouses, Section 2. 2007-132 RESOLUTION Approving Battlefield Parkway (Kincaid Boulevard to Route 7) Transportation Partnership opportunity fund grant agreement and authorizing the Town Manager to execute this agreement. 2007-133 RESOLUTION Authorizing a performance and proffer compliance agreement and approving a performance guarantee for completion of the interchange at the intersection of East Market Street (Route 7), Rivercreek Parkway and Crosstrail Boulevard. 2007-134 RESOLUTION Approving the Town/VDOT Administrative Agreement for the Virts Corner Intersection Improvement Project, and authorizing the Town Manager to execute this agreement. 2007-135 RESOLUTION Adopting the Regional Hazard Mitigation Plan 2007-136 RESOLUTION Awarding Carr Tank #2 Construction Contract Town Council Meeting of September 25, 2007 Page 5 2007-137 RESOLUTION Approving Addendum No.3 to the Hazen and Sawyer Engineering Services Contract to provide services during construction of Carr Tank #2. REGULAR AGENDA On a motion by Council Member Burk, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION Accepting the report of the Performing Arts Task Force to Council as presented on September 10, 2007 and authorizing $35,000 for a feasibility study and business plan Mayor Umstattd proposed an amendment to the motion deleting Section 3 language. The amendment was seconded by Council Member Reid. Council Member Wright discussed the presentation given by Tripp Muldrow and discussed funding sources. Council Member Reid expressed his concern that these efforts not be duplicated at the County level. He noted there are still things that need to be resolved by staff. Vice Mayor Horne stated there has been a great degree of in-depth study addressing most of the issues that have been mentioned. She noted this will fill a void in the community. Council Member Hammier stated we should not forget that Leesburg has enormous opportunities for performances. She questioned whether a $35,000 study is necessary when some more information is needed. Council Member Reid asked Mayor Umstattd to withdraw her motion and replace it with a motion directing the Economic Development staff to conduct a feasibility study for a performing arts facility in Leesburg, determine possible locations and discuss with the County how we can work together. Mayor Umstattd stated she did not have any issues with withdrawing her motion. She stated we can determine the best several locations without a consultant. Council Member Burk made a motion to table discussion until the next meeting. The motion was seconded by Council Member Wright. The motion passed by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) On a motion by Vice Mayor Horne, seconded by Council Member Reid, the following resolution was proposed: Town Council Meeting of September 25. 2007 Page 6 2007-138 RESOLUTION Amending the FY 2008-2012 Capital Improvement Program for airport projects to accelerate land acquisition at the north end of the runway and the southwest end of the runway to improve safety and to defer the South Apron Expansion Phase II Project for future funding The motion was approved by the following vote: Aye: Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk, Martinez absent) On a motion by Council Member Wright, seconded by Council Member Reid, the following resolution was proposed: 2007-139 RESOLUTION Designating a voting delegate and alternative to the 2007 Virginia Municipal League Business Session The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) On a motion by Council Member Burk, seconded by Council Member Reid, the following resolution was proposed: 2007-140 RESOLUTION Requesting assistance from United States Congressman Frank Wolf, United States Senator Mark Warner, and United States Senator Jim Webb to have the U.S. Postal Service provide an additional post office in the Town of Leesburg, Virginia A proposed amendment was made by Council Member Hammier changing the language to read "in or near the Town of Leesburg". Council Member Burk did not accept the amendment stating that they should not advocate placing the Post Office outside the Town. Council Member Wright stated he did not have a problem with "in or near" and moved that he wanted to make sure that if they did not put a new post office "in", they would have to refurbish the existing. Council Member Reid seconded this motion. Council Member Hammier stated that placing the post office outside the Town would still benefit the Town citizens and noted that Senator Waddell had noted that the funding had been completely removed from the CIP and this request for assistance would be a request to put it back into the CIP. Mayor Umstattd asked for a vote on the first amendment changing the language to read "in or near Leesburg". Town Council Meeting of September 25, 2007 Page 7 The motion, as amended, passed by the following vote: Aye: Burk, Hammier, Wright, Reid, and Mayor Umstattd Nay: Horne Vote: 5-1-1 (Martinez absent) Mayor Umstattd clarified that Council Member Wright had requested a friendly amendment to request that the Catoctin Circle Post Office be refurbished regardless of the location of a new post office. This motion was seconded by Council Member Reid. Mayor Umstattd verified that Council Member Hammier would like a request that the Federal Government reinstate the funding in the CIP for a new post office. The original motion with the second and third amendments was passed by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) On a motion by Council Member Wright, seconded by Vice Mayor Horne, the following resolution was proposed: 2007-141 RESOLUTION Authorizing staff to send a referral letter to Loudoun County regarding Phase II of the Loudoun County Adult Detention Facility The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) I. BOARDS AND COMMISSIONS a. Airport Commission Vice Mayor Horne stated the office space is now 100% leased. b. Thomas Balch Library Council Member Burk reported names for their History Awards c. Board of Architectural Review Council Member Reid stated that some of the Commission members are attending a preservation conference in Staunton. d. Cable Television Advisory Commission Council Member Hammier reported that she would be unable to attend the October Cable Commission meeting and asked that one of the other Council Members attend as a sub. She noted that it was nice to see former Management Specialist Tami Watkins on the other side of the dais. She noted that there was a proposal by Comcast to come forward with a smaller box in more sites. She stated that they had not ordered additional boxes, but would be testing. e. Commission on Public Art Council Member Burk noted they had a retreat this weekend and would be coming up with some interesting projects. Town Council Meeting of September 25. 2007 Page 8 f. Economic Development Commission Council Member Wright noted that Commission Member Todd Severance had resigned. g. Environmental Advisory Commission Council Member Burk advised the Council that there is still one opening. She added that they are very concerned about the school issue. h. Information Technology Commission No report. i. Parks and Recreation Commission Council Member Wright advised the Council that the outdoor pool is in the site development process and that the scheduled opening is still in 2009. j. Planning Commission Council Member Wright reported that they are working on the first round of Design and Construction Standards Manual changes. k. Tree Commission Council Member Reid reported on the successful summit by saying they had about 30 attendees and most of the larger homeowners associations were represented. I. Standing Residential Traffic Committee Council Member Reid noted that there is a vacancy on the committee. He asked that Council put forth possible nominees. J. NEW BUSINESS Council Member Reid stated it is up to the Town Attorney to come back to the Council with a possible ordinance to add teeth to the zoning enforcement of overcrowding. He asked that the police report at the next meeting on items 1 and 3. Council Member Wright stated the Town should be careful of taking on unfunded tasks that rightly belong with the Federal government in an attempt to address illegal immigration. He stated the problem is that we do not have the support from the Federal government and lack the support to get anything done. Further, he added that the language "illegal immigrants" used in conjunction with the discussion about overcrowding gives the perception that we are focusing on illegal immigrants and not the broader issue of the cost of housing and its economic impact. Council Member Wright expressed concern with having the Support Team monitor day laborer sites. He stated non-sworn officers have no way of telling the difference between illegal workers and carpoolers. He expressed that the desk staff at Ida Lee do not have the training to check immigration status of patrons. He cautioned that we need to move through this carefully. He noted he objects to items 6, 3, 2 and 1, but does not support the thwarting of laws. Town Council Meetinq of September 25, 2007 Page 9 Council Member Reid stated his concern is that contractors may exploit people. He noted he would be agreeable to only addressing the overcrowding issue. L. COUNCIL COMMENTS Council Member Reid disclosed he had a meeting with Rod Williams of Inova regarding the streetscape of the Cornwall facility. He expressed his condolences to Smartt's Mill Principal, Eric Stewart, over the death of his daughter from cystic fibrosis. He noted VDOT does not support pave in place for the unpaved portions of Sycolin Road. He noted the agenda for the Northern Virginia Transportation Authority has no item about convening the planning advisory committee and expressed his concern with this. Council Member Wright echoed Council Member Reid's condolences over the passing of Megan Stewart. He applauded the community over their continued support of cystic fibrosis research. He disclosed a meeting with Colleen Snow regarding the Battlefield Park proposal. He noted he attended the grand opening of BM Motor Cars and noted he would like to have a meeting with staff regarding the time line for other projects. He stated he had the opportunity to attend the DIA meeting with the presentation by Tripp Muldrow. He reported he has heard the desire the Town stay on track with the Loudoun Street development. He suggested utilizing a development authority to structure how the land develops. He requested a review of the initiatives document from the retreat. He questioned whether the speed feedback signs could be placed at the entrances to Town to remind drivers of the posted speed limit. Council Member Hammier expressed her condolences to the family of Megan Stewart. She discussed the ground breaking of One Loudoun and the importance of the location of a branch of the World Trade Center being located in this development. She reminded everyone about the Smart's Mill 5K race. She commented that she enjoyed Council Member Burk's event. Vice Mayor Horne stated she had attended a meeting of the VML Legislative Committee in Richmond and had been appointed a member of the VML Immigration Task Force which will meet on October 4 in Richmond. She stated she attended a Virginia Chamber of Commerce Congressional Luncheon at which she had the opportunity to thank Frank Wolf for his support of Leesburg. She expressed her gratitude of the Citizen's Support Team work. She gave her condolences to the family of Megan Stewart. Council Member Burk stated she attended the grand opening of B&M Motors. She gave her condolences to the Stewart family for their loss. She expressed her disappointment that the top employer in Loudoun County is Loudoun County Public Schools. She questioned whether the Economic Development Department could send letters to Fortune 500 Companies promoting the Town. Further, she questioned whether there is a way that the Town can reach out to existing businesses as well. Council Member Reid noted that there are very few locations available for companies looking to relocate and faulted the Leesburg development process. Town Council Meeting of September 25. 2007 Page 10 Vice Mayor Horne reported other regions are vying for economic development opportunities. M. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with representatives of Loudoun Country Day School. She stated they are facing the question of what they want to do with the current Fairview site. They are looking at several options, one of which would include rezoning. She encouraged them to meet with all members of Council and do outreach to the neighborhood. She expressed her overwhelming sadness over the death of Megan Stewart, adding that she was an inspiration to a lot of people. She noted the Chamber of Commerce presentation by Dennis Boykin, Chairman of the Airport Commission, at the Airport regarding attracting business to Leesburg and Loudoun County. She stated she thought the DIA presentation was very good and was very encouraged that emphasis was put on private sector funding for parking structures. She noted that Saturday, September 29 is the Fall into the Arts program. N. MANAGER'S COMMENTS Mr. Wells expressed his condolences to the Stewart family. He stated that he did not have a date yet for the public input session for the County Government Center. He informed the Council that the tennis bubble would be inflated sometime next week at Ida Lee. O. CLOSED SESSION a. Litigation involving the airport and Tyree On a motion by Mayor Umstattd, seconded by Council Member Wright, the following closed meeting motion was made: Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss the Tyree litigation. Motion passed by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) b. Town Attorney's annual performance evaluation On a motion by Mayor Umstattd, seconded by Vice Mayor Horne, the following closed meeting motion was made: Town Council Meeting of September 25, 2007 Page 11 Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter relating to the Town Attorney's evaluation. Motion passed by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) Council convened in a closed session at 10:07 p.m. On a motion by Mayor Umstattd, seconded by Council Member Wright, the following motion was read when Council reconvened in open session: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 P. ADJOURNMENT On a motion by Council Member Wright, seconded by Mayor Umstattd, the meeting adjourned at 11:25 p.m. A ~() \:'J~ s en C. stattd, Mayor Town of Leesburg ~